LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 3, 2001 TO: Honorable Royce West, Chair, Senate Committee on Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB239 by Wentworth (Relating to a defense to proceeding with an adjudication of guilt or to a revocation of community supervision.), As Introduced ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** Local Government Impact In a court hearing to revoke community supervision or to proceed from deferred adjudication to an adjudication of guilt, the bill would allow as an affirmative defense that the state failed to exercise due diligence to apprehend the defendant and determine an alleged violation of community supervision within a reasonable period of time. The defendant must prove the failure by a preponderance of the evidence. The bill would take effect immediately if it receives a vote of two-thirds of all members in each house, if not, the bill would take effect September 1, 2001. Information for determining the local fiscal impact was obtained from the Texas Probation Association and the Texas Department of Criminal Justice. Although the bill may affect the number of offenders continued on community supervision or sentenced to incarceration, savings or additional costs would vary by jurisdiction depending on local sentencing practices. Source Agencies: 213 Office of the State Prosecuting Attorney, 696 Texas Department of Criminal Justice LBB Staff: JK, TB, VS, DB, RK